Sergei Magnitsky

Robert Buckland Excerpts

Wednesday 11th January 2012 Westminster Hall

[Mr MacShane]

I would support that. Perhaps some right hon. and hon. Members present might combine to ask the Backbench Business Committee for a longer debate, which might allow a slight pause for breath and more development of some of these themes. In particular, it would show the Russian authorities that this is a cross-party affair, with support from a considerable number of Members of both Houses.

[Mr Robert Buckland (South Swindon) (Con)]

I just want to add Canada to the list. It has also passed legislation in similar terms to the United States, so it is not just one country but many countries taking a strong stand against these appalling acts.

[Mr MacShane]

Poland and, I believe, the Netherlands have done so as well, but the addition of Canada, which is a great beacon of democracy and a Commonwealth country, is most welcome.

Yes, I believe that we should be doing what has been set out. We should not need to have a debate, because I hope that when the Minister replies, he will tell us that he fully accepts that the Foreign and Commonwealth Office will put a statement, a note, in the Library tomorrow, with those names on it, saying that they are not welcome in the UK, and will pass the names on to Europol and Interpol. So far, the FCO has resisted that idea and has constantly sought to downplay the Magnitsky affair. The FCO position or, more accurately, the Whitehall position has been to shelter behind Russian bureaucracy.

On 15 November 2011, the Minister for Immigration finally replied to a letter that I sent him in August on the idea of a visa ban. That was a very discourteous gap between my letter and his reply. He wrote:

“The Russian Presidential Council on Human Rights presented to President Medvedev its report on Mr Magnitsky’s arrest and treatment”

and the

“Minister of the Interior has announced that its own internal investigation has not found any evidence of abuses by their officials”.

Well, that is a surprise—a bureaucracy defends its own people. Nevertheless,

“the Investigative Committee of the Russian Federation chaired by Alexander Bastrykin”

would report by 24 November. To my knowledge, no such report was issued, and it is time for the FCO and Home Office to stop parroting Russian excuses for inaction and instead to follow the example of the United States, Canada and Poland and make it clear that those who stole the money that Magnitsky was investigating and then colluded in his death should not be given a permanent status of impunity by Whitehall fiat.

In an earlier reply to a parliamentary question from me on 13 July 2011, the Minister for Immigration—I welcome the Under-Secretary from the Foreign and Commonwealth Office, but this is as much a matter for the Home Office as it is for the FCO—confirmed the following:

“The Secretary of State for the Home Department…does have the power to exclude foreign nationals whose presence in the UK she judges would not be conducive to the public good”,

but he added that

“the duty of confidentiality means that the Government are unable to discuss the details of individual immigration cases.”—[Official Report, 13 July 2011; Vol. 531, c. 398W.]

I am sorry, but that will not do and it is not true. Her Majesty’s Government have regularly published the names of those to whom they deny visa entry. They include or included the TV cook Martha Stewart, the actor George Raft, the Scientologist L. Ron Hubbard and even a Nobel laureate, the Chilean poet Pablo Neruda, who wrote:

“Death is the stone into which our oblivion hardens.”

It is the wish of the Russian authorities that Magnitsky’s death hardens into oblivion, but as another great writer who lived under communism, Milan Kundera, wrote:

“The struggle of man against power is the struggle of memory against forgetting.”

Let us not hear from the Minister today that the Government cannot publish the names of the people whom they ban. We should not allow Magnitsky to be forgotten. If the Home Office can publicly ban a cook, an actor, a loopy and a poet, surely it can ban those Russian officials named as associates in this massive theft, then the arrest and ill- treatment to the point of death of a lawyer representing a British citizen and his company.

Modern Russian apparatchiks like to visit, buy flats in and educate their children in London. If we name and shame and announce that they will lose those privileges if they break the law and allow a lawyer representing a British firm to die in agony for having defended his client’s interest, diplomatic pressure will be focused and sharp and will send a clear state-to-state signal that Russia cannot live above the law.

This is not just about Russia, however. We need to find ways of sending signals to mid-level officials in other authoritarian regimes that when they break the law, the doors of Britain are not easily open to them. A new approach is required to create a new tool of democratic diplomacy—namely, the precisely targeted travel ban that is made public so that all law-abiding state officials in Russia and elsewhere can see that corruption and collusion in murder are no longer crimes without sanction. That is what more and more decent Russian citizens want.

A further signal could be sent. Just as Mr Putin is not welcome on the streets of Moscow today, Britain should say that he is not welcome at the opening ceremonies of the London Olympics. In 1980, Mrs Thatcher had the guts to say no to a formal British endorsement of the Moscow Olympics after the Soviet invasion of Afghanistan. If the Prime Minister wants to emulate the Iron Lady, he should say no to Mr Putin, who will use the London Olympics and the winter Olympics in two years’ time as events for self-promotion.

Of the 20 years since the end of communism, Russia spent the first decade being plundered by oligarchs and the second decade being robbed by state functionaries up to the highest level. It is time that Russia became a normal rule-of-law nation and its tax collectors levied taxes for the good of the people, not their own offshore bank accounts.